Landgraf v. Saunders Press Brick Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. — Hon. J. E. Green, Special Judge. Appellant’s failure to incorporate in his bill of exceptions, his motion for a new trial,is a fatal defect in his appeal,and this is true even though he may have procured a stipulation thatthe bill of exceptions should contain the fact that upon the defendant’s motion for a new trial being'overruled by the court, the defendant then and there saved its exception to such ruling.
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Appeal from the St. Louis Circuit Court. — Hon. J. E. Green, Special Judge. Appellant’s failure to incorporate in his bill of exceptions, his motion for a new trial,is a fatal defect in his appeal,and this is true even though he may have procured a stipulation thatthe bill of exceptions should contain the fact that upon the defendant’s motion for a new trial being'overruled by the court, the defendant then and there saved its exception to such ruling. Story & Camp v. Ragsdale, 30 Mo. App. 196; McNeil v. Ins. Co., 30 Mo. App. 306; Lloyd v. Thurman, 69 Mo. App. 147, and cases cited; Jefferson…
1Opinion of the CourtBond, J.
Plaintiff agrees that he purchased ten shares of stock in the defendant corporation; that defendant refused to transfer the same on its books to him or to issue him new certificates therefor, as it was directed to do by the vendor and former stockholder in defendant corporation. The defense is a general denial. The cause was submitted to the court without a jury and judgment rendered for plaintiff. Defendant appealed.
Bill of exceptions. A careful examination of the bill of exceptions fails to show that it called for the motion for new trial filed by defendant. Neither does the bill of…
2Cases cited1 opinion
- State v. BuckSupreme Court of Missouri · 1895
3Cited by1 opinion
- Knight v. Sutherland and MitchellMissouri Court of Appeals · 1932